S T A T E   O F   N E W   Y O R K
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                                  8187--A
     Cal. No. 1425
 
                             I N  S E N A T E
 
                              April 16, 2018
                                ___________
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading

 AN  ACT  in  relation  to  granting the state university of New York the
   authority and power to enter into a lease  with  the  Ronald  McDonald
   House of Long Island, Inc.
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature finds that the  State
 University of New York at Stony Brook ("University") is in need of addi-
 tional  facilities  to  fulfill  its  legislatively  mandated mission of
 research, education, and provision  of  health  care  services.  Specif-
 ically,  Ronald  McDonald  House  of  Long Island, Inc.   has offered to
 construct, maintain and operate a "Ronald McDonald House" to support the
 operations of Stony Brook  University  Hospital's  Children's  Hospital.
 Furthermore,  such activity will promote the provision of quality pedia-
 tric health care services to the surrounding community.
   The legislature further finds that granting the trustees of the  State
 University  of  New  York the authority and power to lease and otherwise
 contract to make available grounds and facilities of the campus  of  the
 State  University  of  New York at Stony Brook will ensure such activity
 will promote the provision of quality pediatric health care services  to
 the surrounding community.
   §  2. Notwithstanding any other law to the contrary, the state univer-
 sity trustees are hereby authorized and empowered,  without  any  public
 bidding,  to  lease  and  otherwise contract to make available to Ronald
 McDonald House of Long Island, Inc., a not-for-profit  corporation  (the
 "Ground  Lessee"),  a  portion  of the lands of the University generally
 described in this act for the purpose of constructing,  maintaining  and
 operating  a  Ronald  McDonald House to support the provision of quality
 pediatric health care to the surrounding communities and the missions of
 the State University of New York. Such lease or contract shall be for  a
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15336-02-8

 S. 8187--A                          2
 
 period  not  exceeding  50  years  without any fee simple conveyance and
 otherwise upon terms and conditions determined by such trustees, subject
 to the approval of the director of  the  division  of  the  budget,  the
 attorney  general  and the state comptroller. In the event that the real
 property that is the subject of such lease or contract shall cease to be
 used for the purpose described in this act, such lease or contract shall
 immediately terminate and the real property and any improvements thereon
 shall revert to the State University of New York. Any lease or  contract
 entered  into  pursuant to this act shall provide that the real property
 that is the subject of such lease or contract and any improvements ther-
 eon shall revert to the State University of New York on  the  expiration
 of such contract or lease.
   §  3. Any contract or lease entered into pursuant to this act shall be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive law, and any contractor, subcontractor, lessee or sublessee  enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement  authorized  pursuant  to  this  act shall be deemed a state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   § 4. Notwithstanding any general, special or  local  law  or  judicial
 decision  to the contrary, all work performed on a project authorized by
 this act where all or any portion thereof involves a lease or  agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation, repair, renovation, alteration or improvement  shall  be  deemed
 public work and shall be subject to and performed in accordance with the
 provisions  of  article 8 of the labor law to the same extent and in the
 same manner as a contract of the state,  and  compliance  with  all  the
 provisions  of  article  8  of  the  labor  law shall be required of any
 lessee, sublessee, contractor or subcontractor on the project, including
 the enforcement of prevailing wage requirements by the fiscal officer as
 defined in paragraph e of subdivision 5 of section 220 of the labor  law
 to the same extent as a contract of the state.
   §  5. Notwithstanding any law, rule or regulation to the contrary, the
 State University of New York shall not contract out to  Ronald  McDonald
 House  of Long Island, Inc. or any subsidiary for the instruction or any
 pedagogical functions or services, or any administrative  services,  and
 similar professional services currently being performed by state employ-
 ees. All such functions and services shall be performed by state employ-
 ees  pursuant to the civil service law. Nothing in this act shall result
 in the displacement of any currently employed state worker or  the  loss
 of  position  (including  partial  displacement such as reduction in the
 hours of non-overtime, wages or employment benefits), or result  in  the
 impairment  of  existing contracts for services or collective bargaining
 rights pursuant to existing agreements. All positions currently  at  the
 State  University  of  New York in the unclassified service of the civil
 service law shall remain in the unclassified  service.  No  services  or
 work on the property described in this act currently performed by public
 employees or future work that is similar in scope and nature to the work
 being currently performed by public employees shall be contracted out or
 privatized by the State University of New York or by an affiliated enti-
 ty  or  associated  entity of the State University of New York. All such
 future work shall be performed by public employees.
   § 6. For the purposes of this act: (a) "project" shall  mean  work  at
 the  property  authorized  by  this  act to be leased to Ronald McDonald
 House of Long Island, Inc. as described in section 11 of this  act  that

 S. 8187--A                          3
 
 involves  the design, construction, reconstruction, demolition, excavat-
 ing, rehabilitation, repair, renovation, alteration or improvement of  a
 Ronald McDonald House.
   (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
 bargaining agreement between a  contractor  and  a  labor  organization,
 establishing  the labor organization as the collective bargaining repre-
 sentative for all persons who will perform  work  on  the  project,  and
 which  provides that only contractors and subcontractors who sign a pre-
 negotiated agreement with the labor  organization  can  perform  project
 work.
   Notwithstanding  the  provisions of any general, special, or local law
 or judicial decision to the contrary: (a) Ronald McDonald House of  Long
 Island,  Inc.  may require a contractor awarded a contract, subcontract,
 lease, grant, bond, covenant or other agreement for a project  to  enter
 into  a  project  labor  agreement during and for the work involved with
 such project when such requirement is part of  Ground  Lessee's  request
 for  proposals for the project and when the State University of New York
 at Stony Brook determines that the record  supporting  the  decision  to
 enter  into  such an agreement establishes that the interests underlying
 the competitive bidding laws are best met by requiring a  project  labor
 agreement  including  obtaining  the  best  work  at the lowest possible
 price; preventing favoritism, fraud and corruption; the impact of delay;
 the possibility of cost savings; and any local history of labor unrest.
   (b) If the State University of  New  York  at  Stony  Brook  does  not
 require  a  project labor agreement, then any contractor, subcontractor,
 lease, grant, bond, covenant or other agreements for a project shall  be
 awarded pursuant to section 135 of the state finance law.
   § 7. Without limiting the determination of the terms and conditions of
 such  contracts  or  leases,  such  terms and conditions may provide for
 leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments  with  regard to such grounds and facilities by the Ground Lessee,
 and parties contracting with the Ground Lessee, and, in connection  with
 such  activities,  the obtaining of funding or financing, whether public
 or private, unsecured or secured (including, but not limited to, secured
 by leasehold mortgages and assignments of  rents  and  leases),  by  the
 Ground  Lessee  and  parties  contracting with the Ground Lessee for the
 purposes of completing the project described in this act.
   § 8. Such lease shall  include  an  indemnity  provision  whereby  the
 lessee  or sublessee promises to indemnify, hold harmless and defend the
 lessor against all claims, suits, actions, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, customers, guests,  licensees,  invitees  and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 9. Any contracts entered into  pursuant  to  this  act  between  the
 Ground  Lessee  and  parties contracting with the Ground Lessee shall be
 awarded by a competitive process.
   § 10. The State University of New York shall not lease lands described
 in this act unless any such lease shall be executed within five years of
 the effective date of this act.
   § 11. The property authorized by this act to be leased to Ronald McDo-
 nald House of Long Island, Inc. is generally described as that parcel of
 real property with improvements thereon consisting of a total of approx-

 S. 8187--A                          4
 
 imately 2.55 acres situated on the campus of the State University of New
 York at Stony Brook. The description in this section of the parcel to be
 made available pursuant  to  this  act  is  not  meant  to  be  a  legal
 description, but is intended only to identify the parcel:
   ALL  that  certain  plot,  piece or parcel of land situate, lying, and
 being at Stony Brook, in the Town of Brookhaven, County of  Suffolk  and
 State of New York, being bounded and described as follows:
   BEGINNING  at  a point on the campus of Stony Brook University, on the
 easterly side of Health Sciences Drive and the  northerly  side  of  the
 entrance  to  Chapin Apartments, said point having a State Plane Coordi-
 nate (SPC 3104 NY L) location of N 271360.8745, E 1229873.8528;
   RUNNING THENCE along the easterly side of Health Sciences Drive  North
 27 degrees 7 minutes 11 seconds West, 84.17 feet;
   THENCE  along  the  arc  of  a  non-tangent curve bearing to the left,
 having a radius of 73.00 feet and a length of 84.87 feet, the  chord  of
 which bears North 27 degrees 8 minutes 28 seconds West, 80.17 feet;
   THENCE North 27 degrees 4 minutes 45 seconds West, 98.71 feet;
   THENCE North 51 degrees 5 minutes 34 seconds East, 70.55 feet;
   THENCE South 84 degrees 1 minute 34 seconds East, 245.01 feet;
   THENCE South 72 degrees 45 minutes 33 seconds East 311.86 feet;
   THENCE South 13 degrees 50 minutes 29 seconds West, 118.38 feet;
   THENCE Due West, 270.13 feet;
   THENCE South 52 degrees 30 minutes 19 seconds West, 97.10 feet;
   THENCE South 2 degrees 57 minutes 44 seconds East, 23.18 feet;
   THENCE South 89 degrees 18 minutes 30 seconds West, 43.12 feet;
   THENCE North 2 degrees 57 minutes 44 seconds West, 29.20 feet;
   THENCE South 83 degrees 20 minutes 7 seconds West 34.43 feet;
   THENCE  along  a  curve bearing to the right, having a radius of 22.00
 feet and a length of 26.70 feet, to THE POINT OR PLACE OF BEGINNING.
   Containing: 111,263 square feet or 2.55 acres, more or less.   Subject
 to all existing easements and restrictions of record.
   §  12. Insofar as the provisions of this act are inconsistent with the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 13. This act shall take effect immediately.